Texas Expunction and Record Sealing Laws (2026 Guide)
Texas Expunction and Record Sealing Laws: What You Need to Know
Texas offers two distinct tools for clearing a criminal record: expunction, which destroys arrest and court records entirely, and an order of nondisclosure, which seals records from public view while allowing law enforcement to retain access. Choosing the right remedy depends on the type of charge, its outcome, and the statute governing that outcome.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Texas state law only. For a comparison across all states, see Expungement Laws by State.
Expunction vs. Nondisclosure: Two Separate Remedies
Texas law provides two fundamentally different ways to address a criminal record, and the distinction matters. An expunction under Code of Criminal Procedure Chapter 55A results in the complete destruction of records held by every listed agency, including the arresting agency, the prosecutor's office, the court clerk, and the Texas Department of Public Safety. Once an expunction order is executed, the person may legally deny that the underlying arrest ever occurred.
An order of nondisclosure under Government Code Chapter 411, Subchapter E-1, does not destroy records. Instead, it prohibits criminal justice agencies from disclosing the covered information to the public. Law enforcement agencies, courts, prosecutors, certain professional licensing boards, and state agencies involved in public safety retain the right to view sealed records. The practical benefit of nondisclosure is that the offense will not appear on most employer or landlord background checks.
The two remedies are not interchangeable. Expunction requires that no final conviction resulted from the underlying arrest and that no court-ordered community supervision was imposed (except for Class C misdemeanors). Nondisclosure applies primarily to cases where deferred adjudication was completed or, in limited circumstances, where a misdemeanor conviction resulted in probation or a fine only.
Who Qualifies for Expunction in Texas
Chapter 55A organizes expunction eligibility into two broad tracks: mandatory expunction following special circumstances, and petition-based expunction for dismissed or unprosecuted arrests.
Under Subchapter B (Article 55A.051 et seq.), a person qualifies for mandatory expunction when they have been released from custody, no final conviction resulted from the arrest, and no court-ordered community supervision was imposed under Code of Criminal Procedure Chapter 42A (other than for a Class C misdemeanor). This covers acquittals, dismissed charges where no prosecution follows, and arrests where the statute of limitations expired before charges were filed.
Additional categories include a person who received a pardon from the governor or the President of the United States, a person who was acquitted after conviction on appeal, a person who was arrested due to the use of their identity by another individual without their knowledge or consent, and a person who completed deferred adjudication for a Class C misdemeanor.
Under Article 55A.201, at the request of the acquitted person and after notice to the state, the court must enter an expunction order not later than the 30th day after the date of acquittal. The acquitted person must provide the court with the information required in a petition for expunction; the court is required to advise the acquitted person of this right at the time of the verdict.
Waiting Periods for Petition-Based Expunction
When a charge was dismissed, not filed, or otherwise did not result in conviction or community supervision, the petitioner must satisfy a waiting period before filing. Waiting periods under Chapter 55A run from the date of arrest:
- Class C misdemeanor arrests: 180 days
- Class A or Class B misdemeanor arrests: one year, provided no felony charge arose from the same transaction
- Felony arrests, or misdemeanor arrests where a felony charge also arose from the same transaction: three years
The attorney representing the state may certify that the relevant records are no longer needed for any criminal investigation or prosecution, which can permit a court to grant expunction before the waiting period expires.
Convictions generally cannot be expunged unless the person received a full pardon based on innocence or was granted relief by the court of criminal appeals based on actual innocence.
Orders of Nondisclosure: Eligibility and Waiting Periods
Government Code Chapter 411, Subchapter E-1 contains multiple pathways for nondisclosure, each with its own eligibility rules and waiting periods.
Automatic nondisclosure for qualifying nonviolent misdemeanors (Section 411.072): When a person completes deferred adjudication for a qualifying nonviolent misdemeanor and the case is discharged and dismissed on or after September 1, 2017, the court must issue a nondisclosure order at the time of discharge, provided at least 180 days have passed since the person was placed on deferred adjudication and the person has no prior convictions or deferred adjudications other than fine-only traffic offenses. This is automatic; no separate petition is required.
Petition-based nondisclosure after deferred adjudication (Section 411.0725): For felonies and misdemeanors that do not qualify under Section 411.072, a person who completed deferred adjudication may petition the sentencing court. Waiting periods after discharge and dismissal are: no waiting period for most misdemeanors not covered by the violent-offense chapters; two years for misdemeanors under Penal Code Chapters 20, 21, 22, 25, 42, 43, or 46; and five years for felonies.
Nondisclosure after DWI deferred adjudication (Section 411.0726): A separate provision covers DWI deferred adjudication cases, with specific eligibility requirements including a first-offense limitation and restrictions on prior criminal history.
Nondisclosure after DWI conviction with probation (Section 411.0731): A person convicted of a first-offense DWI who completed community supervision may petition for nondisclosure. The waiting period is two years if an ignition interlock device was required for more than 180 days of probation, or five years without the interlock requirement. The court may not issue the order if the offense involved a blood alcohol concentration of 0.15 or more or resulted in a motor vehicle collision involving another person.
Nondisclosure after misdemeanor conviction with probation (Section 411.073): Persons who received a misdemeanor conviction and completed community supervision (straight probation, not deferred) may petition for nondisclosure. Most misdemeanors have no waiting period beyond completion; offenses under Penal Code Chapters 20, 21, 22, 25, 42, 43, or 46 carry a two-year waiting period.
Nondisclosure after misdemeanor conviction without probation (Section 411.0735): A person convicted of a qualifying misdemeanor who served a fine or jail sentence without probation may petition. Class C misdemeanor convictions may petition immediately upon sentence completion. All other qualifying misdemeanor convictions carry a two-year waiting period after sentence completion. The court applies a best-interest-of-justice standard before granting relief.
Offenses Permanently Barred from Nondisclosure
Government Code Section 411.074 lists offenses that can never receive an order of nondisclosure, regardless of case outcome or waiting period. A person is ineligible if they have ever been convicted of or placed on deferred adjudication for any of the following:
- Murder (Penal Code Section 19.02) or capital murder (Section 19.03)
- Aggravated kidnapping (Section 20.04)
- Trafficking of persons (Sections 20A.02, 20A.03)
- Any offense involving family violence as defined by the Family Code
- Injury to a child, elderly individual, or disabled individual (Section 22.04)
- Abandoning or endangering a child (Section 22.041)
- Violations of protective orders in family violence cases (Sections 25.07, 25.072)
- Stalking (Section 42.072)
- Any offense requiring sex offender registration
How to File a Petition in Texas
For expunction, a person files a verified petition in the district court of the county where the arrest occurred or where the offense was alleged to have occurred. If the arrest was for an offense punishable only by fine, the petition may alternatively be filed in a justice court or a municipal court of record. The petition must include the petitioner's identifying information, the date and county of arrest, the offense charged, the case disposition, and a list of every agency or entity that may hold records related to the arrest.
After the petition is filed, the court schedules a hearing no earlier than 30 days after filing. The clerk serves a copy of the petition and hearing notice on each listed agency, by certified mail or by electronic transmission under the procedures effective September 1, 2025 (SB 1667, 89th Legislature). Any listed agency may appear at the hearing and contest the petition. Court filing fees range from approximately $100 to $450 depending on the county.
For nondisclosure, the petition is filed in the court that originally handled the case. The procedural requirements mirror those for expunction: verified petition, service on relevant agencies, and a hearing at which the state has the opportunity to be heard. Under Section 411.0725, the court applies a best-interest-of-justice standard. Under the automatic provisions of Section 411.072, the court issues the order without a separate petition as part of the discharge proceeding.
After an expunction order issues, each named agency must return or destroy the relevant records within the timeline set by the court. After a nondisclosure order issues, criminal justice agencies must withhold the covered information from public release. Petitioners should request a fresh background report 60 to 90 days after the order to verify that agencies have complied.
Legal information notice: This article provides general legal information about Texas expunction and nondisclosure laws. It does not constitute legal advice and does not create an attorney-client relationship. Texas expunction and nondisclosure eligibility depends on individual facts, prior criminal history, and the specific charges at issue. Statutes were verified as of May 29, 2026. Consult a licensed Texas attorney for advice about your specific situation.
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Sources
Citations for this article are drawn from the official Texas statutes and Texas courts materials listed below.
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Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026.